TERMS AND CONDITIONS OF CARRIAGE
"Terms and Conditions for International Shipments"
1: Customs Clearance
Nice Shipping Company INC, will perform any of the following activities on behalf of its clients or customers in order to provide its services : 1, complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations, 2, act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and 3, redirect the Shipment to Receiver’s customs broker or other address upon request by any person who Nice Shipping Company believes in its reasonable opinion to be authorized.
2: Unacceptable Shipments
A Shipment is deemed unacceptable if:
• no customs declaration is made when required by applicable customs regulations,
• it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
• it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
• its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
• it contains any other item which Nice Shipping Company decides cannot be carried safely or legally.
3: Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address provided by the shipper but items, boxes, or packages are not necessarily drop off or handed to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
Nice shipping or one of our partner carriers may notify the Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a carriers Service Point. Shipper may exclude some delivery options on request.
4: Inspection
Nice Shipping Company or our service providers, carriers have the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
5: Shipment Charges and Fees
Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by us or third party carriers to confirm this calculation. Shipper, or the Receiver when Nice Shipping Company or it's partner carriers acts on Receiver’s behalf, shall pay or reimburse Nice Shipping Company for all Shipment or other charges due, or Customs Duties owed for services provided by Nice Shipping Company or incurred by us on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
6 : Our Liability
6.1 Our liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram (approximately $US 20.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply. For cross border Shipments transported by road,Nice Shipping Company or it's partner carriers liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 9.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements. Our liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to our attention.
6.2 We will make every reasonable effort to deliver the Shipment according to our regular delivery schedules, but these schedules are not binding and do not form part of the contract. We are not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.
7: Claims
All claims must be submitted in writing to Nice Shipping Company within thirty (30) days from the date that we accepted the Shipment, failing which Nice Shipping Company shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
8: Shipment Insurance
Nice Shipping Company may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs Nice Shipping Company in writing, including by completing the insurance section on the front of the waybill or by us or other carriers automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9: Circumstances Beyond Our Control
Nice Shipping Company or our carrier partners are not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to Nice Shipping Company; any act or omission by a person not employed or contracted by us - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
10: Shipper’s Warranties and Indemnities
Shipper shall indemnify and hold Nice Shipping Company harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
• all information provided by Shipper or its representatives is complete and accurate;
• the Shipment is acceptable for transport under Section 2 above;
• the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Nice Shipping Company;
• Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
• Shipper has obtained all necessary consents in relation to personal data provided to Nice Shipping Company including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
11 Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
12 Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Nice Shipping Company, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
13 Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
Further information will be available at NiceShippingCompany.com@gmail.com.